The Music Compulsory Licensing Wars: Copyright Board Chairman Likely to be Replaced?

/ By / Copyright

Continuing from an earlier post which laid some tentative doubt on the competence of Dr Raghbir Singh to be appointed as Chairman of the Copyright Board, I’ve now posted a more detailed constitutional law analysis at Law and Other Things. Whilst opining that the evidence on hand suggests that Dr Singh does not qualify to be a Chairman of the Board, I note as below: The Copyright Act requires that the post of Chairman be occupied by a person who […]

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PRS to hold a Bill Analysis competition

/ By / Uncategorized

PRS is holding their annual ANALYSIS competition in which the participants are to take and analyse one of the draft bills that will be coming up for debate in the Parliament. We take a special interest in this years edition since it includes the Draft National Innovation Bill which we have blogged on in earlier posts. “ANALYSIS 2009 is a national-level legislative analysis competitionorganised by PRS Legislative Research, New Delhi. Participants are expected to produce a succinct three-page analysis ofa

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Pharmexcil Conference on Pharma Patent Litigation and Trade Barriers

/ By / Patent

Pharmexcil (Pharmaceuticals Export Promotion Council) is organising what promises to be an interesting one day conference on “Patent Litigation and Trade Barriers for Indian Generic Companies” this Friday (21st) in Mumbai. This program has been put together by Dr Gopakumar Nair, Founder of Patent Gurukul on behalf of Pharmexcil. Details of the conference below: Chief Guest Shri Arun Jha, IAS, Jt. Secretary, Dept. of Pharmaceuticals, Govt. of India. Date & Venue On Friday, 21st August 2009 At Sunville Banquet &

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SpicyIP Tidbits: Journal bonanza for patent offices in LDCs

/ By / Uncategorized

Patent offices in least developing countries have something to smile about now, with increased access to 150 online scientific journals by the end of this year, according to SciDevNet and this Patenting Lives blogpost. The aRDi programme was launched by the World Intellectual Property Organization (WIPO) with partners in the publishing industry with the aim to increase the availability of scientific and technical information in developing countries. Its partners include Elsevier, Oxford Univ. Press, Springer, John Wiley, Nature, Sage, and

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CII’s Conference on combating Counterfeiting and Piracy sparks a Lively Debate

/ By / Uncategorized

In a move that recognizes the global nature of the problems of counterfeiting and piracy and the futility of attempts on the part of individual government or body corporate to combat the same, the Confederation of Indian Industry (CII) is on the verge of organizing an international conference on combating counterfeiting and piracy, which will be the 3rd of its kind. The early two counterparts of this conference had succeeded in increasing awareness of the aforesaid problems, encouraging the sharing

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Breaking News: Patent Linkage Killed by Delhi High Court and Bayer Fined

/ By / Drug Regulation

In a judgment handed down today by Justice Ravindra Bhat, the Delhi High Court dismissed a writ petition filed by Bayer seeking to institute a drug patent linkage mechanism through the backdoor. Essentially, Bayer’s writ petition asked the court to direct the Drug Controller to desist granting drug regulatory approval to Cipla’s generic version of Nexavar, as this would allegedly violate the patent rights of Bayer. The Delhi High Court indicated its strong disapproval of Bayer’s intention to use the

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And the misinformation campaign continues……….

/ By / Uncategorized

Early this morning, PharmaBiz, carried a news item on the Government accepting the Technical Expert Group’s (a.ka. the Mashelkar Committee Report a.k.a TEG Report) conclusions. We had carried a post on this last night over here. In its report PharmaBiz has quoted an NGO – the National Working Group on Patent Law – as having stated in a letter to the Commerce Ministry that “Apparently, the recommendations of the Parliamentary Committee should take precedence over those of the Mashelkar Committee

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Government of India accepts the conclusions of the Mashelkar Committee Report

/ By / Uncategorized

The IE has recently reported that the Government of India has finally accepted the recommendations of the Technical Expert Group on Patent Law a.k.a. The Mashelkar Committee Report (since Dr. Mashelkar was the head of the Committee). The IE Report quotes the letter from the DIPP as stating that “TEG (Technical Expert Group) has come to the conclusion that it would not be TRIPS compliant to limit the grant of patent for pharmaceutical substance to a new chemical entity or

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In Favour of Allowing Retail Sales of Tamiflu

/ By / Patent

The past few weeks have seen an increase in the number of people infected by swine flu in the country. There is presently no vaccine for the flu and the popular antiviral drug which is being supplied by the government of India is oseltamivir. Oseltamivir (Tamiflu is the patented brand name) is patented by Gilead and exclusively licensed for the purpose of manufacture and sale to Roche. Gilead’s attempt to patent the drug in India was rejected by the Patent

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Guest Post: Hanging on the Telephone: Apple’s App Store fiasco and what the FCC is doing about it

/ By / Competition Law

SpicyIP is pleased to bring to you a guest post by Chaitanya Ramchandran, a good friend of mine who has very recently graduated from the National Law School of India University, Bangalore. During his stint at law school Chaitanya was editor in chief of NLSIU’s flagship tech law journal – Indian Journal of Law & Technology whose archives can be accessed here. His post focuses on the competition law issues arising out of Apple’s latest policies regarding the applications that

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